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Home My WebLink AboutO-2010-3259 assignment of CLP drainage easement to Harris County Flood Control District I REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: June 14.2010 Aoorooriation Requested By: .John .Joems Source of Funds: N/ A Department: City Manager Account Number: N/A Report: Resolution: Ordinance: x Amount Budgeted: N/ A Exhibits: Ordinance Amount Requested: NIl\. Exhibits: Ag:reement for Assig:nment Budgeted Item: N/A Exhibits Map of Drainage Easement SUMMARY & RECOMMENDATION The City secured both the road right-of-way and the East-West drainage easement as part of the Agreement with Harris County to joint venture the construction of Bay Area Boulevard between Fairmont Parkway and West Main (Spencer Highway). Harris County has recently requested that the City formally assign the East-West drainage easement to Harris County Flood Control District for maintenance of the channel. The term of the assignment is perpetual. Knox Askins has prepared and approved the assignment document based on conversation and input from Harris County row division. Action Reauired bv Council: Approve ordinance authorizing assignment of City of La Porte drainage easement to Harris Co od Control District. dA/~ Date ORDINANCB NO. 2010~ 3~5? AN ORDINANCE APPROVING AND AUTHORIZING AN AGRBBMBNT POR AND AN ASSIGNlIBBT AND COHVBYANCB WITHOUT WARRANTY 01' PPG INJ>USTRIBS, mc. DRA:INAGB BASBIIBNT, PROM TBB CITY 01' LA PORTB '1'0 TBB HARRIS COUNTY I'LOOD CONTROL DISTRICT, IIAlCING VARIOUS I'IHDINGS AND PROVISIONS RBLATING TO THB SUBJBCT, I'INJ>ING COMPL:IARCB WITH THB OPEN MBBT:IHGS LAW, AND PROVIDING AN BJi'I'BCt':IVB DATB BBRKOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The city Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 14th day of June, 2010. ATTEST: 1!ldl1fi#- fl. Idtdt M r a A. Gillett city Secretary APP~ it! ~ Knox W. Askins City Attorney By: 2 Pro-Tern ~ lO ~~qJ!' \W;I\IS NO ~ ~. FEE Date: 20:100399266 07/21/2010 -RP3 $0.00 , ; ~ ~ i g ~ l' .~ " ~ t " :.j ~ AGREEMENT FORAND AN ASSIGNMENT AND CONVEYANCE WITHOUT WARRANTY OF EASEMENT (WITH PROVISION FOR UMITED MAINTENANCE) HCFCD UNITS Al04-07~Ol, TRACf 01-001.0 June 14, 2010 CITY OF LA PORTE, A Municipal Corporation Assi~or.s Address: 604 West Fairmont Parkway La Porte. Texas 77571 Assignor: Assignee: f! ~~ ~ Q I IJi Q I ~, ~M ~) ~ ~ HARRis COUNTY FLOOD CONTROL DISTRICT, A body corporate and politic of the State of Texas ltL Assi~ee's Addre~s: 9900 Northwest Freeway Houston, Texas 77092 Prooertv: that interest in land located in Harris County, Texas, being identified as the drainage easement more particularly described as follows: Drainage Easement, dated May 11. 2004, from PPG Jndustries, Inc.. a Pennsylvania corporation, to the City of La Porte, a Municipal COlporation. and recorded under Hanis County Clerk.s File No. X626687, Film Code No. 586-29-1858 of the Real Property Records of Harris County, Texas; (reference being made to such easement for a more particular description of those lands covered and embraced thereby). Term: Perpetual Consideration: The agreement by the Assignee to provide, without reimbursement, certain services for the benefit of the Assignor, being the maintenance, use, and operation of the flood control or drainage facilities and improvements located on the easement identified above as the "Property," which the Assignee, to the extent, and in a like manner, as for other like or HOLD FOR HARRIS COUNTY ROW--:S~ // I i I I ! i '- r i I I j j I I t "'x, ,.. .-------....... -" '".__.........-....~.,-"'...._--._..,-_.._~._-~.~_.._.._...- .. -,.~...~.-._-~.__......-._....._...... N 1- ~ ; J~ ~ ~ ~~ Q , ~.'< ~ =; similar facilities maintained~ used, or operated by the Assignee, shall otherwise perform in such easement and assigned hereby, subject to availability and certification of funds, to the extent such maintenance. use, and operation shall also benefit the interest in such easement. and the facilities and improvements located thereon, including the outfall ditch. Reservations from Conveyance: None Exceptions to Conveyance: All valid and subsisting covenants, restrictions. reservations, exceptions. rights-of-way, and easements of record in the Official Public Records of Real Property of Harris County, Texas, including aU building and zoning ordinances, all laws, regulations, and restrictions by municipal or other government authority. but only to the extent the same are valid. applicable to, and enforceable against the Assignee. RECITALS: WHEREAS, Assignor has acquired an interest in land in the form of the easement referenced above as the Property; and WHEREAS, the instnunent by which such easement was acquired by Assignor provides that such easement may be used for drainage purposes; and WHEREAS, Assignor is presently using such easement for the pwpose of operating and maintaining a drainage facility, together with related improvements; and WHEREAS, such outfall ditch as used and maintained by Assignor provides area~wide drainage and flood control; and WHEREAS. the Assignee is authorized by law to perform the function of flood control and drainage as to those lands included within and embraced by the boundaries of Assignor, and in the discharge of such function may maintain, operate. and use those facilities which provide area-wide drainage and flood control such as the detention pond maintained, used, and operated, by Assignor pursuant to that easement identified above as the "Property;" and WHEREAS, the Assignee desires to acquire the easement identified above as the "Property," and related facilities and improvements. located thereon; and WHEREAS, the acquisition of the easement would pennit the integration of the facilities into tl1e Assignee's system of maintenance and, as such, would allow the Assignee to use the same equipment and personnel already dedicated to the maintenance of the Assignee's other facilities in the area. realizing certain economies and efficiencies not otherwise available. and , ~ ~ i: ~ i, ; , 1 ~ ~ ~ ~ If l ;~ ,I 2 L r I I ! t ~; if. ~ ~ ~ C) I m ~ ~ ~ ~ WHEREAS, the economies and efficiencies realized as a consequence of the assumption of the maintenance function as to the facilities by the Assignee. together with the Assignee's special expertise regarding such matters, will enable the Assignee to better perform the function of flood control and drainage as to those lands located within the area of the easement identified above as the "Property:' benefiting those members of the public who reside and work. therc~ and a<ljacent thereto, and. as such, will serve a publio purpose; and WHEREAS. Assignor desires to assign the easement, referenced above as the 'Property," in considccation for the agreement by the Assignee to provide certain services for the benefit of the Assignor, being the maintenance, use, and operation of the flood control and drainage facilities and improvements located on the easement identified above as the "Property," which the Assignee, to the extent, and in a like manner, as for other like or similar facilities maintained, used, and operated by the Assignee, shall otherwise perform as to such easement, and assigned hereby, to the extent such maintenance, use, and operation shall also benefit and improve the interest in such easement. and the facilities and improvements located thereon~ with no right on the part of the Assignee to receive reimbursement of any kind, monetary or otherwise, for the cost of such maintenance, use, and operation whieh might otherwise be attributable to the easement, and the facilities and improvements located thereonj and WHEREAS, the maintenance, use, and operation of the flood control and drainage facilities located on the easement identified above as the "Property," which shall be perfonned by Assignee upon the terms and conditions provided for herein, and the facilities and improvements located thereon, including the outfall ditch, and to the extent that such maintenance, use and operation is- recognized as being necessary and useful in the efforts by Assignor to provide drainage and flood control for its roads and other infrastructure, shall constitute a county purpose. NOW THEREFORE, for the consideration recited above, it is agreed by and between the Assignor and the Assignee, that Assignor shall grant, assign, lease. and convey to Assignee, and Assignor does, by these presents, hereby assign, grant, lease, and convey to the Assignee, the Property, and the improvements located thereon, together with all and singular the rights and appurtenances belonging thereto. 3 j ! , F , I i I I I 1 [ f ~ ~ Q I 1/J ~. ~ T ff1 ~, @ ~ ~ Notwithstanding anything contained herein to the contrary, Assignor and Assignee agree to the following. to wit: 1) such maintenance, use, and operation as may be perfonned hereunder by Assignee shall be perfonned only to the same extent, and in a like manner, as for other like or similar facilities maintained, used, and operated by the Assignee; and 2) the Assignee shall have during the term hereof, and not longer, a right of entry over and across such other lands of Assignor, as may be aQiacent to the Property, for the purpose of accessing the Property, except tbat in the use of such right of entry, Assignee shall not unreasonably interfere with the use being made of the land by Assignor; and 3) from time to time, and at any time. Assignor may enter upon the Property for the purpose of inspecting. maintaining, and operating, as to its interest in the Property. the facilities IlJId improvements located thereon, including the outfall ditch, except that such entry shall not be made in a manner that unreasonably interferes with the use of the Property being made by Assignee. and 4} the Assignor shall make available to Assignee such alignment maps, drawings, and other materials in its possession that relate to the facilities ~d improvements located on the Property; and S) no reimbursement, in whole, or in part. shall be made, monetary or otherwise, to Assignee for that share of the total cost of such maintenance, use, and operation which may otherwise be attributable to the interest in the easement, and the facilities and improvements located thereon. To havo and hold, subject to the exceptions to conveyance herein made, the Property, and the improvements located thereon, together with all and singular the rights and appurtenances belonging thereto, without express or implied warranty. All warranties that might arise by common law as well as the warranties in Section S.023of the Texas Property Code (or its successor) are excluded. 4 , ~ I ! i I L r 1 t I ~ \fl 'f ~~ = \ U, ~} \ ~ ~ ~ ~ ~ Jll<<OIl1ed by ~ UIJdaSigoe<\ padies to be e~ve" of ~ date set fotlh abOve. A'l'TES'f: MARTHA A. GILLB'l'T, City secretarY APPROVED AS TO FORM: :1I t ~ ~4 ~ J~ i .~....t::);.\.... '~'\.~;;' .~~ .~~. g; m. . 'lie.. to.., ,. C ~.- ~,,- .~ ~ .~ KNOX w. ASKINS~ City Attorney ASSIGNEE: flARRlS ;?;yP' FLOOD CONTROL DlSnuCI BY:_ZA."". ~ - ED BMMETT, Count)' Judge 5 ----......-------.--------. l~ ~." ""I' ...... r rn <0 ... .-.._.---~.._---_.._.__...-.-,_..._.._._.,---_.~.... ACKNOWLEDGEMENTS STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ This instrument was acknowledged before me 0 RON BOTIOMS, City Manager of the City of La Porte, the City of La Porte. ~ f ~ C) I I~ f:) r ~ ~ ~ ~ I. .."..... ,^'ONNE GARRISON i./~~'ff'~ IV ~ ~ki ['I M'f COMMISSION EXPIRES ~<~. ...,i i "..rr..'#.." October 28, 2013 STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ This instrument was acknowledged before me on ~ '.J 2010 by .ED EMMETI'. County Judge of Hams County and the presidin officer oIthe Commissioners Court ofHanis County, Texas, on behalf of the Commissioners Court of Harris County, Texas, as the governing body of the Hanis County Flood Control District. ,,\\\1 \ \ 11I11!! I' ,:\,\\ 't.:. () ,.... '?~,,I " r'.\.. ". \.) ., ~ 9'};:.........J::;;.1.~. ~ 0 ...~ol~,h y ~..~.o'"1. S ~., *V;".:t~ ~~ ::: : (" ~. tn .:;. :; i ~ 0:..-(1) :: ~ , ~~ 1'.--' it.. S ~.~~" ". ~..~ :;0 ~ ~.::r'/-:..4~r>P.:"'~~~s "l- ~ ~.':~...~,.,./r(i:~~ ...... ~ '~/;:/..,__;:~4..'.:':'1.; \~ ';'i ,,' 2v"! '..\...~" 1111 II II i1i\\" ~itd~-i; N tary bUe Signature Il((I'IlOmIflBl . fiOlBlI'(EUAi('f=~lL~!!Ilt.OlI.W('fllEIQ:IIlSlM THE STAl'fOF TEXA8 ........-ltfalCi.lIEaraw.UIl 6i:W_L-=a~=l:: RECORDER'S MEMORANDUM: It the lfme ri recordation, this Instrument wag found to be Inadequate for the best' photographIc reproductlon because of lIIegiblllty, carbon or phDto copy, dl~ore<l paper, etc. All blackouts, addltlom and changes were present at the time the InslnJrnlr -"l$ filed and reccrded. 6 JUL 21 2010 ~~~/ COUNTY CLERK tlARRlSCOUNTY. TEXAS \~ R i ;i H n fl ~ ~ ~ 1 I ! I 1 i I 1 I ! I ! 1 I I I l 1 [ I I I I t